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PLANNING AND ENVIRONMENT ACT 1987 - SECT 228

Transitional and savings provisions—Building and Planning Legislation Amendment Act 2023

    (1)     Subsections (2) and (3) apply if—

        (a)     immediately before the commencement of Division 1 of Part 4 of the amending Act, a municipal council referred to in section 46AA has an active plan to manage green wedge land in its municipal district; and

        (b)     the plan was prepared less than 10 years before that commencement.

    (2)     Within 60 days after the commencement of Division 1 of Part 4 of the amending Act, a municipal council may give to the Minister—

        (a)     a copy of its plan to manage green wedge land in its municipal district; and

        (b)     a notice specifying the date on which the plan was prepared.

    (3)     If a municipal council gives the Minister a copy of its plan to manage green wedge land in its municipal district and a notice under subsection (2)—

        (a)     the plan is taken to be a green wedge management plan prepared under section 46AE(1); and

        (b)     for the purposes of section 46AEB, the plan is taken to have been given to the Minister under section 46AE(3) on the date specified in the notice.

    (4)     Division 3 of Part 3AAB, as it was in force immediately before the commencement of Division 2 of Part 4 of the amending Act, continues to apply in respect of a draft Statement of Planning Policy that—

        (a)     was given to a responsible public entity before that commencement; and

        (b)     has not been endorsed by the responsible public entity before that commencement.

    (5)     In this section—

"amending Act" means the Building and Planning Legislation Amendment Act 2023 .

S. 229 inserted by No. 18/2023 s. 104.



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